MAURICE NEWBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MAURICE NEWBERRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
979 So. 2d 343
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
DISMISSED. See Proctor v. State, 845 So. 2d 1007 (Fla. 5th DCA 2003) (dismissing an untimely appeal and explaining the required elements of a petition for belated appeal).
ALLEN, WEBSTER, and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Haynes v. Arman, 192 So. 3d 546 (Fla. 5th DCA 2016)…1978) (citation omitted)). Here, because Appellees demanded a jury trial in the operative complaint, Appellant was entitled to trial by jury and to have the jury determine the amount of punitive damages, if any. See Shasho v. Euro Motor Sport, Inc., 979 So. 2d 343, 345 (Fla. 4th DCA 2008) (“Regardless of who makes the demand [for jury trial], once made it cannot be withdrawn without the consent of all parties” (quoting Barge v. Simeton, 460 So. 2d 939, 940 (Fla. 4th DCA 1984))); see also Fla. R. Civ. P. 1.430…
-
Lynn v. Sakharoff, 82 So. 3d 896 (Fla. 4th DCA 2011)…, 40 So. 3d 865, 866 (Fla. 4th DCA 2010). When a jury trial has been demanded by the plaintiff, unless the defendant waives such right, the defendant is entitled to a jury trial on the issue of unliquidated damages. Shasho v. Euro Motor Sport, Inc., 979 So. 2d 343, 345-46 (Fla. 4th DCA 2008). A demand for trial by jury may not be withdrawn without the consent of [*898] the parties. See Fla. R. Civ. P. 1.430(d). A party’s consent to a withdrawal of the demand for a jury trial “must be manifested by affirmativ…
Authorities Cited
- Proctor v. State, 845 So. 2d 1007 (Fla. 5th DCA 2003)